A Gun To Our Heads – The new DACS Agreement, part 1

Andrew Wiard

In the first of a two-part blog post Andrew Wiard, a member of The BPPA’s Board, asks “What’s going on at DACS?”

Last year we all had to sign a new agreement, and if we didn’t – no annual payout at Christmas. So, why? Short answer, because DACS is at the bottom of a collecting society food chain, and they are all fighting like rats in a sack. Over our pictures, and our money.

Collecting societies – we photographers know that every year we get our DACS money, but not all of us know how or why. Here’s how it works. I’ll make this as simple as I can. In the beginning, way back in 1983, writers (through ALCS, the Authors’ Licensing and Collecting Society Ltd) and  publishers (through the PLS,  Publishers Licensing Society Ltd), established the CLA (Copyright Licensing Agency Ltd), jointly owned by them, for collective blanket licensing on their behalf. Which means authors and other right holders do not issue licences individually or directly, instead the CLA charges clients a one-off fee for a licence to make multiple copies of multiple works, without identifying any of the copyright owners.  So what are we talking about here? Essentially, the photocopying of books and magazines, though there are also other sources of income such as cable retransmission of TV programmes. Which all fall into the category of so-called ‘secondary’ rights. We exercise our ‘primary’ rights directly, collecting societies only stepping in where it is impractical for us to do so. After paying a small amount of money to overseas right holders, CLA then gives the lot to writers and publishers. So what about us then? We photographers said hang on a minute, we are copyright holders too. Eventually the CLA gave us our share through the DACS (the Design and Artists Copyright Society Ltd) payback scheme. Though with only an 8% cut – think that’s because we were late to the party.

Why not newspapers you might ask? Because they set up their own society, the NLA (Newspaper Licensing Agency), paying out to the newspapers, who then pay their freelance contributors any money they think they might owe. Or not, as is usually the case. Anyone remember getting an NLA payout at Christmas? Which is where all the recent fighting started, and that needs a blog all to itself, but briefly, authors were furious at not getting their share of the NLA money. And then a lot of magazine publishers jumped ship from the CLA to join the NLA instead, now re-branded NLA Media Access. After all, why share their (our) CLA money with writers? Or anybody? The ALCS began to fight NLA Media Access, while also fighting – I mean, of course talking – with the remaining CLA publishers over their shares from the CLA. Who have now decided to save money picking on DACS, by tearing up their agreement. That’s right – make the photographers pay! So what exactly are our brothers and sisters in the ALCS – the writers, photographers’ best friends – playing at? They are  joint owners, with the PLS, of the CLA! In the middle of this unholy mess, the CLA chief exec departed.

It would seem the CLA put a gun to the head of DACS, and so DACS put a gun to ours. Sign our new agreement here, or get no Christmas money.

Why so? What is this new agreement and how is it supposed to get DACS out of this hole? It requires us to sign over to DACS our secondary rights, exclusively. Actually a new agreement makes a lot of sense. Signing exclusive rights to DACS means they can stand up to the CLA, ALCS, PLS, NLA Media Access or anyone else trying to grab what’s ours, on firm, or at least much firmer, legal ground. It also means DACS can withstand scrutiny under both new EU directives and new UK legislation. Which any other organisation grabbing rights signed exclusively to DACS would – or rather should – be unable to do.

So what’s the problem? Why not just sign? The problem is that DACS is not just seeking the specific rights they already exercise on our behalf today, but ALL our secondary rights tomorrow. The distinction is crucial, see part two of this blog. I’m not the only one to object to this. BAPLA (The British Association of Picture Libraries and Agencies) said, rightly, that the new agreement should be confined to only those secondary rights currently being exploited by DACS, i.e. photocopying/scanning, educational recordings and cable re-transmissions. If DACS is to administer any further rights that should be the subject of future consultation. What could be wrong with that? BAPLA is right. Now we photographers don’t always see eye to eye with BAPLA , and especially when it comes to DACS. Many BAPLA members think they’re the ones who should be taking the DACS money, and a big cut, before handing the rest to us. We think it’s our money ( and it is ) and that we should deal direct with DACS, unless we choose, as some of us do, to go through an agent. Big money at a stake here. But whatever schemes BAPLA may now be planning, with our pictures, we do have common cause when it comes to how and what DACS actually collects. We and our agents must insist on our right to license our photographs directly without a collecting society coming in between – unless, that is, that is totally impractical and absolutely unavoidable.

All we should have been asked to do last year was sign up to what DACS had already collected in previous years. Now what could be simpler than that? But DACS wouldn’t hear of it. They seem to think they don’t have to listen to us – or rather, while they make a great show of listening, they just don’t take any notice. The obvious objections were repeatedly made. They didn’t change a word.

So where does this leave us? As far as I can see the picture now looks like this. The ALCS doesn’t know if it has the legal firepower to fight NLA Media Access. The CLA doesn’t know if it has enough to fight them or their new magazine publishers either. DACS doesn’t know if it has enough to fight the CLA. But there’s one thing DACS knew for sure – we individual photographers did not have the time, energy or the money to take them to court over our payout. So who’s in charge here – us or them? The photographers who took the pictures, or the organisation that claims to represent us?

That money was collected in 2013. In withholding our money to enforce a new agreement for the future they were applying it retrospectively to money that already belonged to us. That was our money. They should have paid it without question and then sat down with all of us to negotiate – repeat, negotiate – the new agreement.

Instead, when the CLA put a gun to the head of DACS, DACS put a gun to ours.

Why all this really does matter? – see Part Two.

2014 UK Picture Editor Guild Awards winners announced

Joanne Davidson, The Picture Library Ltd

 
Congratulations to all of the winners at the 2014 Picture Editor Guild Awards. 

  • BT Sports Photographer of the Year: Simon Stacpoole, Offside
  • Getty Royal Photographer of the Year: Andrew Parsons, i-Images
  • News Photographer of the Year: Jeff Mitchell, Getty Images
  • Christie’s Arts & Entertainments Photographer of the Year: Joanne Davidson, The Picture Library Ltd
  • Bloomberg Business Photographer of the Year: Leon Neal, Agence France Presse
  • Fixation Young Photographer of the Year: Henry Nicholls, Newsteam/SWNS
  • Genesis Regional Photographer of the Year: Charles McQuillan, Getty Images
  • Photo Essay of the Year: Jeff Mitchell, Getty Images
  • Citizen Photographer of the Year: Vinesh Raipul


For the full list of winners go to The Picture Editor Guild website

Anyone for Polo

Eddie Mulholland

I was covering The opening of The Field of Remembrance (the crosses with poppies laid every year by The British Legion) at Westminster Abbey, which this year was by Prince Harry, when I first heard about his trip to Oman and Dubai.The Telegraph’s Royal correspondent Gordon Rayner was down to go and I explained how happy I’d be to accompany him. A few forms later and I was on the list to go. Not a big list but a very manageable one for the Palace press office. John Stillwell from the Press Association, Chris Jackson from Getty, Time Rooke for Rex Features and Darren Fletcher from The Sun.
Harry was arriving on Tuesday night and I got there Tuesday morning having flown through the night. The arrival was pooled , covered by Tim and Chris but Darren and I still turned up at the rather plush hotel just in case we were allowed to crash the pool. We weren’t so we retired to the bar for a beer then met up with the others to travel back by minibus to the hotel we were staying in. It was “National Day” in Oman and the traffic was horrendous. All the locals seemed to be out in there cars wearing masks and hooting and beeping their way around Muscat. We ended up having to walk the last few hundred yards to our hotel which gave us the chance to take a few frames of the festivities. Everyone seemed really friendly, they were having a great time, though a few had had their exhausts adjusted to make a sound that was very similar to gunfire, which did throw one particular reporter to the floor of the bus when we heard it for the first time.
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The following morning was a 6am start for the minibus journey to Nizwa Fort. Charles and Camilla visited earlier this year and took part in some local tribal dancing involving swords so obviously we were crossing fingers for a repeat royal performance.
We retired for several coffees whilst we awaited Harry’s arrival and took the opportunity to take some pictures of some of the children and some of the locals who were waiting to meet the Prince.
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I did a combination of pictures on my iPhone 5S and my normal Nikon work cameras (D4S D3S and D3)
The picture of the man with the walking stick was then put through ‘Snapseed’ and ‘Instagram’…the version that looks warmer was not. I do like to use my iPhone for work pictures but I’d never have the guts to shoot an entire assignment on one….unless of course I was asked to.
A lot of photographers complain that filter Apps like ‘Snapseed’ and ‘Instagram’ make everyone capable of producing “great” photographs. I tend to disagree. If you haven’t got the right image there’s nothing an App can do for you. So far Apps can’t find a picture for you, yeah they can polish a turd but it’s still going to be a turd.
Apps are tools as is the camera on your iPhone. You still need to know how to use the tool to get the most out of it.
Anyway, Harry played ball. Not once but twice. He had a go on the sword then went for a tour , then had another go on the sword. Our local Omani embassy chap did a brilliant job of positioning the dancers in front of Harry twice. We all got what was required.
 
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The next day was going to be a long one. Harry was visiting The Grand Mosque in Muscat first thing then we were flying to Dubai followed by a bus-ride to Ghantoot Polo ground, Abu Dhabi, for Harry’s ‘Sentebale’ charity match. We were told all sorts of celebrities would be attending..in the end it was only Geri Halliwell and her new fiance that anybody recognised.
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We went home and Harry stayed to watch the Grand Prix…a few people cynically commented that that was in fact the reason for the visit.
Anyone for a pre-Christmas shopping trip to New York ?

Away day… to Poland

As if often the case in the era of multimedia news gathering I was recently despatched to Poland on a whirlwind visit to shoot stills and video. A British armoured Battlegroup have been taking part in war games with the Polish military entitled “Black Eagle” for several weeks and the press had been invited along to coincide with a visit by the Chief of the General Staff – General Nick Carter .
We had to be at the army base in Poland bright and early on Friday morning so our only choice was to fly late Thursday night to Berlin and then drive for the border – luckily only a two and a half hour drive. Our hotel for the night was literally a truck stop motel, with a bit of a Swiss chalet style thing going on, but being a 10 minute drive from our rendezvous point the following morning it was bearable .
Now, I have this thing as many of you probably do where I conjure up in my head a “ best case scenario” of what to expect on a job and then set myself up for disappointment . In this case I envisaged myself in a trench with a screaming corporal throwing smoke grenades as the tanks roared forward all shot on a 24mm …….
As if….. After being transported to the range with a host of other media from the likes of ITN, The Times (sans photographer) the BBC and a likeable but complete anorak from Combat and Survival mag we found ourselves on a Soviet era style viewing platform from where we were expected to shoot all our images. No chance of using a 24mm here !
The again they were going to be firing live rounds so probably was best to be have some distance between us. Luckily due to some advice from a former Telegraph colleague who now picture edits for the Army I had begrudgingly brought a 300 and an extender with me without which I would have been in deep trouble, but was still utterly under-lensed for the live fire part of the exercise .
3 (UK )Division on the largest joint military exercise since 2008 in Zagan Poland with the Polish 11 Armoured Cavalry Division.© Heathcliff O'Malley
3 (UK )Division on the largest joint military exercise since 2008 in Zagan Poland with the Polish 11 Armoured Cavalry Division.© Heathcliff O'Malley
3 (UK )Division on the largest joint military exercise since 2008 in Zagan Poland with the Polish 11 Armoured Cavalry Division.© Heathcliff O'Malley
Armoured vehicles including Leopard II tanks from the Polish 11 Armoured Cavalry Division 3 (UK )Division on the largest joint military exercise since 2008 in Zagan Poland with the Polish 11 Armoured Cavalry Division. ©Heathcliff O'Malley
Chief of the General Staff - General Sir Nicholas Carter . The 3 (UK )Division on the largest joint military exercise since 2008 in Zagan Poland with the Polish 11 Armoured Cavalry Division
I recently bought a Canon C100 video camera, which takes all my EF lenses, which has revolutionised video for me . I now no longer have to fanny about with a 5D taking bits on and off depending on whether I’m shooting stills or video with it’s built in ND filters and XLR inputs . I now have a dedicated video camera which can use all the lenses I have collected over the years . Mind you this doesn’t solve the issue of when to shoot stills and when to shoot video on an assignment where there are no second chances .
Once the demonstration started there was nothing I could do but go with the flow and let my instincts take over. My c100 was mounted on a tripod and as the Challenger II tanks burst out of the tree line I panned with them and when I felt I had enough moved to stills leaving the camera rolling . I continued in this fashion alternating between camera until the tanks were probably a 750m off in the distance shrouded by a cloud of smoke which only the muzzle flashes of their powerful guns could penetrate. At one point I even mounted the 300 2.8 on the c100 for a few long shots and the 1.5 crop factor really helped.
Afterwards we got to have a short walk about where I bumped into an old school friend I hadn’t seen in 30 yrs who is now a Brigadier and shot some short lens stuff of soldiers and officers that made a huge difference. Finally there was an interview with the general and piece to camera with the reporter Ben, whom I had worked with a lot over the years and has now gained the confidence needed to stand in front of a camera, a skill which is not to be underestimated.
After a quick edit, caption and send of the stills we jumped back into the hire car for the drive back to Berlin with only around five hours before our flight was due to depart forcing me to edit whilst Ben drove down the dual carriageway westwards. The stars we clearly in alignment that day as miraculously my 4g mifi worked flawlessly (never usually does when it really matters!) and was able to file the video before going through to departures and the luxury that awaited with our Easyjet flight back to Gatwick .
See the video here https://vimeo.com/113108829

The one on the left is a snapper…

Mikael Buck

On the left we have a Snapper, it’s a type of fish, on the right we have a photographer – please learn the difference.
Would you like to demean everything I have achieved in my career with one word? Great! Then just call me a snapper – you won’t be the first or the last person to do it.
With few exceptions, the term snapper is used as a description for photographers by almost everyone we work with – from journalists, to PR professionals, picture editors and other press photographers. What began as a jokey phrase used amongst photographers has been taken from us and turned into a widely accepted description of what we do.
Often when I bring this subject up the reply I get back is something along the lines of “What’s your problem? It’s just a word. I think it’s quite fun”. Well, here’s my problem…the term implies that our sole contribution at work is to own a camera and turn up on time. In nobody’s dictionary is a snap considered to be something that took any skill or input to achieve – it is without a doubt a derogatory term when used to describe a photo.
Of course, most people using the do not really believe we are just taking ‘snaps’. I’ve heard the term used by many colleagues and clients who I know to have a great respect for, and understanding of, what we do. But the term has slowly seeped into our collective consciousness and rarely gets questioned. Whether the person using them intends it or not, some words are loaded with meaning.
One defence of the word I’ve often heard is: “Well OK, obviously some of you guys are photographers, like those who do reportage and high end portraiture – but you can’t exactly call waiting outside court or a night club and taking a few snaps of someone leaving photography”. Yes you can. If you think having five seconds (that’s not an exaggeration) to get a sharp picture of someone running towards you in the dark isn’t a skill then I suggest you try it for yourself. Afterwards you’ll need to talk to quite a few people to make sure that you’ve identified the right person in your photo. But it’s just a snap so maybe don’t worry about that part too much, eh?
Some of my colleagues will no doubt think that I am getting carried away over an insignificant and almost endearing term. And they might compare me to a cabbie who would like to be know as an Executive Transportation Route Consultant (sorry cabbies – if that’s what you want, then that’s fine by me!). Indeed, the online forum where the majority of Britain’s working press photographers discuss their profession is called Snapperweb, so obviously not everyone feels the same way as me.
But I believe if press photography as a profession is going survive the transition to online then we need to learn to acknowledge and communicate to others the contribution we make to journalism – and the language we use is a powerful symbol to the wider world as to how we view ourselves.
Despite what some people will have you believe, press photography is alive and well – most of the space in our national newspapers and news website is given over to photographs and most of these photographs are taken by professional news photographers and not amateurs. This tells you all you need to know about the power of the still image and the skill of the people taking these pictures. Yet shift rates have remained the same for over a decade, the public view our profession with complete disdain and staff positions are almost unheard of. That tells me that as a profession we do not have the power or influence that is commensurate with the contribution we make – stopping using the term “snapper” to refer to ourselves is a small, easy step we can take towards rectify that situation.
So then, just to sum up – a snapper is a type of fish and not a press photographer. Spread the word!
I’d love to hear your thoughts, whatever side you take in this debate. Leave a comment below or tweet me and the association – @mikaelbuck and @TheBPPA
The views expressed here are solely my own and do not necessarily represent the views of The BPPA.
You can see Mikael’s gallery page here.

Insurance and what to look for

Alan Davidson/The Picture Library Ltd

 
Let’s start off by stating the obvious – professional photographers tend to own a lot of expensive gear. Most photographers have insurance for that expensive gear and one of the most common queries that you’ll see on discussion forums frequented by those professionals is about which insurer is the best/cheapest. Insurance is proof of two of life’s most enduring truths:

  1. The best is rarely the cheapest (unless price is your only arbiter of ‘best’)
  2. The devil is in the detail (or the small print)

Having spent days or even weeks looking into insurance for photographic equipment I thought that it would be useful to write down a few things that you might like to consider and a few questions that you might like to ask when assessing the relative merits of competing quotes. The first thing that you need to know that the company offering to sell you insurance is most likely to be a broker and not an actual insurer (or underwriter).

Insurance broker noun  A person or company registered as an adviser on matters of insurance and as an arranger of insurance cover with an insurer on behalf of a client.

There’s nothing wrong with a good broker – they know their industry, will have worked with people like you before and will generally know where to get the best deals with the right cover. The actual insurer will be an underwriter.

Underwriter noun A person or company accepting liability under (an insurance policy), thus guaranteeing payment in case loss or damage occurs.

There are about six or seven underwriters who have products and experience in the professional photography arena and each of them lays down their own specific rules and exclusions when offering policies through brokers. That is how it works: you go along to a broker who then offers you a policy underwritten by someone else. Most brokers stick to the same two or three underwriters for specific types of policy and will generally pick up very quickly what you want and be able to advise you on which policy to take out.
That’s all good if the broker has made an accurate assessment of what you want. Sometimes all they hear is “cheap” and will just get you the lowest priced policy which may or may not be a perfect fit for you and your work. Sometimes all they hear is “comprehensive” and get you a policy with all of the bells and whistles at a higher cost and the chances are that you might not need some of those bells and whistles. This brings up a whole series of things that you might want to know the answer to before you speak to a broker.

  1. What kind of cover do you want? Theft and accidental damage?
  2. Are you prepared to have a high excess payment?
  3. How would you describe the kind of work that you do? Is it hard news, sports, features, PR, general editorial?
  4. Do you have secure locks on all potential access points to your home and/or office where you will be leaving your equipment?
  5. Where do you live? Town or country, house or flat?
  6. What kind of vehicle do you drive? Saloon, estate, hatchback, convertible, van?
  7. How good is your security on and in your vehicle?
  8. Where and when do you leave your gear in your vehicle? Daylight, overnight, only when working?
  9. Do you need to be able to leave gear in hotel rooms? If so, where in the world?
  10. How often and where in the world do you travel with gear? Most UK insurers limit you to a total of 90 days.
  11. If you travel, is you gear covered in the hold of an aircraft or elsewhere whilst in transit?
  12. Does your work take you into area or scenes of civil unrest?
  13. Do you need to insure rental or loan equipment?
  14. Do you need to insure laptops and other IT equipment? Does that include software?
  15. Do you need to insure an archive?
  16. Do you need Public Liabilities Insurance? If you do, is £2million enough or would you need £5million?
  17. What about Professional Indemnity Insurance?
  18. How do you want to pay for your cover? Annually or monthly?
  19. Do you want ‘new for old’ cover or will you accept a ‘wear and tear’ reduction to get the cost down?
  20. Have you got a figure including bags, cases and accessories for the kit you want covered?

That’s a long list of separate questions and each of them will have a bearing on which underwriter a broker should steer you towards and by answering each of them honestly you will get cover that suits you. Sometimes there won’t be a perfect policy and you will have to accept a compromise but you need to remember that all underwriters are in business to maximise their income and minimise the number of claims that they have to pay out on. If you give false information on your application they will do their level best to avoid paying some or all of your claim. We have all heard scary stories about people who have had claims dismissed over seemingly innocuous details and when our gear gets damaged or stolen the last thing that we need is to find out that we weren’t covered for that eventuality.
There are plenty of things that you can do to help get the cost down and/or your cover up and you can can go through the list above and see what you can do to help. Improving home security (some Police forces offer free checks) is an obvious one as is improving the security of your vehicle. Some underwriters offer discounts if you have recognised security cages or locking compartments permanently fitted in your car whilst others give better deals/improved cover for saloon cars with separate lockable boots. Further down the list, if you don’t insure your software (easy if everything is recorded and/or under subscription) you can save money – not much, but it all adds up.
What else can you do to help? The most obvious is to keep a full and up to date list of your gear complete with serial numbers. A simple spreadsheet stored on a cloud somewhere is an easy win but registering your gear with either Canon or Nikon Professional Services is also a good idea. Fairly new to the market is Lenstag – which in their own words was “designed to get your gear on record with the least amount of effort, the strongest ownership claim and as quickly as possible.” It is a simple concept with a central registry of owners, gear and serial numbers which can be managed via their website or their smart phone apps.

New from the UKPCA – Passport and Chips

All change at the UKPCA – the UK Press Card Authority, where the BPPA is one of the card issuing gatekeepers. At today’s meeting they voted nemo contra for two fundamental reforms.
The meeting faced two problems. First, Custom Card, who administer the card on behalf of the gatekeepers, had detected two duplicate applications for the card from one individual through two different gatekeepers using subtly different details! The database relies on these details and the fraudulent application was only spotted because both applications came in on the same day with the same photograph. Fraudulent information undermines the integrity and security of the entire system. Clearly the case for independent verification of personal information is overwhelming.
Secondly the UKPCA had been approached by Downing Street police, asking  in the nicest possible way what we could do about security generally, and saying they got on well with the regular photographers, but they’d had complaints from them about people getting in with Demotix cards,  some of whom did not appear to be even taking any pictures!
Demotix cards – the ones that look surprisingly, alarmingly, you might even suspect deliberately, just like ours.
Custom Cards wanted to activate the card chips, which all UKPCA cards now carry, in full – all data, not just pin numbers (the phone line verification for which is not 24 hours). And they now have an app which would allow police to check card holders instantly and speedily. That would take care of any confusion over those Demotix cards looking so  much like ours, because they just don’t have one. And avoid what one photographer recently went through in Downing Street – 45 minutes while police checked him out.
So why on earth hasn’t this been done before? The chips are all there, all ready, we all pay for them….answer, because the NPA and NS simply refused to cooperate. That’s now history. The vote’s been taken. All gatekeepers must now accept fully working chips as a condition of remaining gatekeepers. Custom Card will now switch them on, and distribute the app.
Back to personal information – the other major change. From today, for verification purposes, all applications for the press card must be supported with the number, and a scan, of either passport or driving licence. Speaking for myself, I cannot imagine why anyone thinks this such a big deal – every year I submit both my passport and driving licence numbers three times, to get into the major party conferences. And have always thought it absurd that I have to meet a higher standard of security vetting to get into those than I do to stand all day outside No.10.
These two long overdue, vital changes will improve both the security and the authority of the – our – press card. And make card checks easier , faster, and painless for all concerned. Job done.
 

Mentoring young photographers

Phil Clarke-Hill

It goes without saying that the business is now unrecognisable from the one that I entered in the early 1990s. Then, the structure was relatively linear and there was a clear defining path to an editorial career. Now, every photographer has to be a brand and use social media to shout their wares and tout their abilities. It isn’t even clear what editorial or documentary photography actually is anymore.

I’ve talked before about a ‘bleed’ from the art world and as previous postings on this site seem to indicate, a good deal of photographic education now wraps itself in talk of ‘practice’ and pseudo academic language.

As an editorial photographer and one that works in a documentary tradition, I’m actually delighted that new ways of seeing are being utilised but I’ve always tried to make work that is simple and engaging. I firmly believe that if you’re photographing people in (often) difficult situations you have a duty to be clear and straightforward and that your work should be similar. Your work should be about the subject and not about you.

It’s hardly surprising then that there’s a good deal of confusion about how to progress within the business – or more crucially how to make pictures that won’t fade with current fashions but have a longevity that speaks to an audience with simplicity and crucially, I think, a beauty.

In the past, when I was stuck visually or with an issue of editing, I could ask older, wiser members of my agency for help and advice. That old agency structure has now by and large fallen (in some ways a positive step) and it often leaves people working in a vacuum.

Photography – documentary photography, photojournalism – whatever you call it, is analogous to its written cousin. It is fundamentally a craft that has elements that are worth learning. I’ve always thought that if you are trying to communicate with an audience by showing them the world (perhaps with a view to changing/challenging their opinions) your work must be clear and simple. That isn’t to say dull, but it must be engaging and understandable. There are so many images now and so many photographers producing them. If everyone’s a photographer then you have to make sure that even if your Tweeted voice isn’t the loudest, the work that you produce is the absolute best it can be.

Over the last decade I’ve had dozens and dozens of young (and some not so young) photographers writing to me to ask if they can assist me or just get feedback on their work. I certainly don’t have all the answers, but if someone sends me a half decent email I‘ve always responded and if I’m in the UK, often arranged to meet.

Phil Clarke-Hill emailed me several years ago to ask my honest opinion of his images. We met up several times and it was clear that although he had talent and a strong desire to shoot, he wasn’t as focussed as he could be and his way of shooting was too loose. Some of his frames had a picture in them desperately trying to get out.

I had him shoot some exercises, I lent him an old lens. I set him a project to work on. I made him change where he stood. I made him look up some photographers that I really admired and crucially explained why I thought their images worked and still work. Moreover, I made him aware of authors that wrote beautiful reportage. I’m convinced that there is a symbiosis within all journalism and in the best practitioners there is an erudition, a refinement, a clear, simple way of communicating a story to an audience that transcends the medium.

Phil listened and really engaged. He started to make pictures that were clearer and that said what he wanted them to say – images that could be read visually. Two years later, he’s in a very different place. He’s shooting assignments for good magazines and specialising in South America – especially Brazil. He regularly emails and sends me stuff and asks advice about the things that don’t often get discussed – travel, visas, logistics, pitching – essentially, being a professional. He’s just about to make a book and has an exhibition soon. It’s surprised me how much I’ve enjoyed the process myself – seeing someone benefit from my experiences and (many) mistakes.

Someone else that I’ve worked with over the last couple of years is the young Bangladeshi photographer Farzana Hossen. I taught a workshop in Chittagong four years ago for the Pathshala Institute for a group of local and visiting Norwegian young photojournalists.

Farzana, it was clear, was an exceptional photographer with an inherent and classical visual sense and she was full of questions – not about ‘how’ but ‘why’. The series that she was working on, about her own family, was both mature and subtle. Her next work about violence against women in Cairo was more straightforward visually but much more complicated to shoot. We spoke over email and ‘phone about the logistics and dangers of the work (during the 2013 demonstrations) and I did my best to advise on fixers and contacts for her work. Later that year when she came to London I helped edit her project on acid attack survivors that won her the Ian Parry Award.

Currently, I’m working with a photographer in New Delhi (where I’m still partly based) and another in the UK. What’s really interesting for me, is that I feel the process has invigorated my own work. I have a new book out next year and I can honestly say that some of that work was influenced as much by working with (and learning from) several younger photographers. It may be clichéd but it’s true that it’s been enormously gratifying to be able to help someone and pass on what (limited) knowledge I have.

My mentoring isn’t intended to be a competitor to a University course – many of which I’ve guest lectured at – I see it as guidance for people who are actually trying to work in an industry that is both confusing and constantly moving.

Stuart Freedman is a Freelance Photojournalist and Mentor who points out that his degree is in Politics rather than photography. His website is https://www.stuartfreedman.com/mentoring/

 Phil Clarke-Hill

Theoretical Photography & The Big Bang Theory


Like most professional photographic organisations, The BPPA has a strange relationship with photographic education. On one hand many of our members visit courses on a regular basis and quite a few fill roles as members of industrial liaison groups. On the other hand we find it impossible to whole-heartedly recommend more than one or two courses anywhere in the country.  We readily acknowledge that there are many lecturers and tutors that try hard to prepare their students for entry to the profession but  it appears that there are relatively few that come close to succeeding.

Professional photographers talk about this topic a lot – mostly bemoaning the state of photographic education and even when it is pointed out to them that not all those studying photography want to become photographers they are still highly critical of the status quo. Anecdotes about students who don’t know their “apertures from their elbows” abound and entire cohorts are dismissed because of this. Many courses aren’t concerned with training for the craft of photography but it isn’t always clear that the undergraduates signed up for those courses realise this.
Members of The Board of our association have become quite disillusioned by the long-running trend towards “academisation” or “academic drift” even within courses whose principle purpose is to produce graduates capable of working in the photographic industry. The world of academe understands intellectualisation and it understands research based methodologies. It doesn’t understand or, more importantly, respect craft, skill or talent.
What we are scared of is a pecking order of tutors, lecturers and professors developing where those who talk intellectual nonsense about photography using terminology compatible with the way that higher education perpetuates itself are placed at the top and those whose goal is to equip students with real world skills are looked down upon or relegated to support roles. We know that photography – and press photography in particular – has a vocabulary all of its own with liberal usage of slang, acronyms and technical jargon but the way that academics use language is either intentionally or unintentionally excluding the profession from taking an active part in education.
If you’ve never watched the US sitcom “The Big Bang Theory” you’ve missed out on one of the best bits of television to come out of America in many years. It also serves as a good analogy for what is happening to arts education in general and to photographic education specifically.
At the top of the tree we find Dr Sheldon Cooper – a theoretical physicist whose intellectual arrogance allows him to look down on all other areas of research and education. Next on the ladder we have Dr Rajesh Koothrappali – another theoretical physicist whose work is less well respected and nowhere near as trendy. Moving down the list we have an experimental physicist Dr Leonard Hofstader who actually gets his hands dirty in the lab and Dr Am Farrah Fowler who is a neuroscientist. Getting nearer to the bottom of the tree we have Dr Bernadette Rostenkowski who has sold out and works in the real world in research with a large pharmaceutical corporation and poor old Howard Wolowitz who ‘only’ has an MA and is an engineer and an astronaut. There are several other characters including the pivotal non-scientist Penny but for the purposes of the comparison we have enough players.
You could easily build a table with direct comparisons from the world of Big Bang Theory to the world of photographic education in the UK. At the top there are the Sheldons – thinkers who write papers, have big thoughts about the nature of photography but who, on the whole, don’t take real pictures – or at least ones that matter. There are the Leonards – practitioners who cannot make a living outside of academe who occasionally have something interesting to contribute to the bigger picture and there are the Howards that actually contribute something concrete but whose achievements don’t cut much ice within the education system. You can slot the other characters in for yourself.
Everyone wants to look down on the Bernadettes – highly trained and highly qualified and actually earning a living from a real world application of those skills – but they prefer to ignore or dismiss them instead. A big mistake and a very silly and divisive attitude. I’m not going to stretch the analogy any further by shoehorning the other key characters into it but, if you are a Big Bang fan, that doesn’t mean that you can’t have a go.
Unfortunately there is one problem with this comparison. The Big Bang Theory is really funny. Academic drift in UK photography education isn’t.
There seems to be a tendency within arts education that exists to make sure that it continues to exist: a self-perpetuating and self-interested core whose sole purpose appears to be to create a world where the words spoken and written about the art are more important than the art itself.
Good news of sorts – we are not alone. The concept of academic drift is well recognised and well documented.
Dr Jonathan Harwood is Emeritus Professor of History of Science & Technology at the University of Manchester and he wrote a very interesting paper entitled “Understanding Academic Drift: On the Institutional Dynamics of Higher Technical and Professional Education” in which he identified a trend in higher education whereby knowledge which is intended to be useful gradually loses close ties to practice while becoming more tightly integrated with one or other body of scientific knowledge. One of his key conclusions was that as teachers search for status in the academic hierarchy there is a tendency to mimic colleagues with perceived (or actual) higher status and that choice of language (dense ‘academic’ jargon, etc) is one obvious way to achieve this.
It is clear that this tendency to become part of the system has spread from Dr Harwood’s initial research areas of agriculture, engineering, medicine and management sciences in the 19th and 20th centuries into arts and photographic education in the 21st.
Theoretical photography has grown and flourished inside the academic world whilst it appears that nobody from our industry was watching. It employs a vocabulary so opaque that you have to study with the masters of the game to understand it and by then you are part of the game. You have become part of theoretical photography and if you dare to become the little boy who calls out the Emperor’s New Clothes as a sham then you are dismissed as not having sufficient intellectual capacity to ‘get it’.
There are those who inhabit the arts establishment who are complicit in the game too and all of the time those of us who practice and love photography are being nudged out of what should be a series of inclusive discussions. This wouldn’t be too much of an issue if they went off to play their game and left us to get on with doing the job but there are two serious side effects that cannot be allowed to continue.
The first is the effect on those young people spending a small fortune studying photography with the intention of making it their career. Many (or even most) of them are being taught by people with no real understanding of, or regard for, the industry and whose primary motivation is to further their own careers as academics.
The second is the way that Government defers to academic opinion rather than that of professionals. In an industry like ours where practitioners are, by the very nature of the job, individuals it is so much easier to consult with a learned professor than it is to talk to photographers. All too often this results in a skewed view of what is happening, what needs to happen and how to get from one position to the other.
Dialogue is almost certainly the answer but how do working photographers get inside the walls of academe to get it started and how do we persuade academics to put aside their opaque vocabulary? Could it be that we need intermediaries and interpreters? The answer might be that those lecturers inside the system who haven’t bought into the academic drift yet could act as a bridge.
As an association whose mission is to promote and inspire the highest ethical, technical and creative standards from within our industry we would like to extend an invitation to meet, talk and see if we can do something to stop theoretical photography mimicking theoretical physics.
Acknowledgement:
Dr Jonathan Harwood https://link.springer.com/article/10.1007/s11024-010-9156-9
 

British Photographic Council concerns over consequences of new copyright law

This is a re-posting from the British Photographic Council’s website. The BPPA is a member of the BPC and members of The BPPA’s Board have been deeply involved in the process so far.
Government adopts “friendless, unnecessary, poorly explained and fraught with risk” new copyright legislation, against united opposition from the photographic sector.
In all of the publicity over the impending introduction of new ‘Orphan Works’ legislation, some of the finer points of proposed changes to copyright legislation have been overshadowed, including Exceptions to Copyright for Private Copying and Quotation and Parody.
These two exceptions went before the House of Lords for debate at the end of July 2014, with none of the concerns having been regarded or addressed by Government Ministers, and despite questions from the Joint Committee on Statutory Instruments concerning their legality under EU legislation.
These changes have now been approved, threatening seriously to impact photographers many of whom may not even have been aware of these proposals. The government has made these changes through Statutory Instruments, or secondary legislation, rather than being subject to the full scrutiny of parliamentary debate, which accompanies proposed changes to primary legislation.
The most important relate to Copyright Exceptions, which are those recognised exceptions to UK copyright law that allow use of copyright material for education, archiving and similar purposes without breaching copyright. These currently work well and are precisely worded to ensure no ambiguity.
Members of the British Photographic Council have been expressing concern over proposed changes to these exceptions since meeting with the then Minister for IP (Intellectual Property), Viscount Younger of Leckie, over a year ago, and a Joint Position Paper followed. Among the concerns were the proposed changes to the exceptions for Private Copying and for Quotation and Parody. Of particular concern was the ambiguity of the wording and the impracticality relating to how photographs could be ‘quoted’ and the separation of quotation from the previous sensible restriction to criticism and review, leaving its purposes vague and apparently limitless.
The ambiguity in the exceptions will require legal definitions that will be left to the UK courts to decide. There will be a financial impact for photographers both in loss of licensing revenue and in the cost of legal claims and damage to the reputation of photographers, particularly in the area of journalism and current affairs. Further restrictions are needed in the use for Parody & Quotation, to limit the impact of derogatory use. The impact assessments have been clearly done in a ‘one size fits all’ manner, with no consideration to the business models of the photographic sector.
Also approved was the exception for Private Copying with no compensation for rights holders, unlike in Europe where there is a compensatory levy.
We ask the Government where’s the evidence that supports these changes, who did they look to, and are they really striking the right balance for individual creators such as photographers?
The BPC supports concerns over the legality of these draft regulations that have been raised by various bodies such as the British Copyright Council, and our members including BAPLA, NUJ, AOP, BIPP, EPUK, BPPA and Redeye. We believe the Government would be acting ultra-vires if these regulations are implemented as drafted.
The BPC wrote to Lord Stevenson of Balmacara, Lord Clement Jones and Baroness Buscombe outlining these concerns, asking that they reject these proposals so that they can be subjected to the full scrutiny of Parliament via primary legislation.
During the debate Lord Berkeley of Knighton said: “Many people working in the creative industries live on fairly modest means. Their royalties need to be protected—without them, they will find it very hard to survive.”
Lord Scott of Foscote added: “The importance of this is plain. There are a number of individuals who create copyright works on which they rely for their livelihood. They are entitled at the moment to the protection of the law of copyright so that the work they have brought into existence is not taken advantage of by others, without reward for them. The regulations now before the House will have a very serious effect indeed on people of that sort.”
Baroness Morris of Yardley said: “I agree with everyone else who has spoken. I have real doubts about what they will mean for the creative industries.”
Lord Grade commented: “the Government are demonstrating a complete ignorance of the economics of investment in the creative industries. Today’s Motion is yet another example. It is time they tore up the Hargreaves report and listened to the people who make the investments.”
Lord Clement-Jones said: “I am afraid the statutory instruments will pass today, but they are fairly friendless and fraught with the risk of legal challenge. They are badly worded and unnecessary, and they are poorly explained, and the consumer will remain confused.”
Lord Stevenson of Balmacara concluded by saying: “The feeling in the industry is that the battle over these regulations is over and that those affected have been consulted to death but not listened to and, as a result, are simply exhausted. That, more than anything, suggests that the Government have got this completely wrong from beginning to end— although, in fact, I do not think that we have heard the last of these proposals.”
The House of Lords approved the exceptions with scepticism from our supporters. We want to see the Government start the process of a proper impact assessment straight away, working with photographers and their representatives to review the impact it will have over the next year, and ask both Parliamentary Houses to table the review at the earliest in 2015. Surely this approach is the purpose of legislation and the practice of good policy.
The British Photographic Council (BPC) represents over 20,000 photographers via 14 member organisations including trade associations, unions, institutes and networks. They are: Association of Photographers; British Institute of Professional Photography; British Press Photographers’ Association; British Society of Underwater Photographers; Bureau of Freelance Photographers; Chartered Institute of Journalists; Editorial Photographers UK & Ireland; Master Photographers Association; National Association of Press Agencies; National Union of Journalists; Outdoor Writers and Photographers Guild; Pro-Imaging; the Royal Photographic Society and Redeye, the Photography Network.
For further information please contact:
Isabelle Doran (BAPLA) on 020 7025 2256
Simon Chapman (NUJ) on 07889 747916
Andrew Wiard (BPPA) on 07973 219201
Denise Swanson (BIPP) on 07973 373657